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STATE v. SUMERA

No. 23728.

39 P.3d 557 (2002)

97 Hawai`i 430

STATE of Hawai`i, Plaintiff-Appellee, v. Eugene SUMERA, Defendant-Appellant.

Supreme Court of Hawai`i.

January 28, 2002.

Attorney(s) appearing for the Case

Cindy A.L. Goodness, Deputy Public Defender, on the briefs, for defendant-appellant.

Sandra L.S. Freitas, Deputy Prosecuting Attorney, County of Hawai`i, on the briefs, for plaintiff-appellee.

MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.

Opinion of the Court by ACOBA, J.

We hold that: (1) Hawai`i Revised Statutes (HRS) § 706-629(1) (1993) applies to the combined sentencing disposition for multiple convictions, irrespective of whether the crimes were charged or tried in separate cases; (2) HRS § 706-629(1)(b) requires that in the event multiple sentences of probation are imposed, the sentences must run concurrently; (3) in a sentence of probation, imprisonment may be imposed only as a

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